SI 2018-199 – Extradition Agreement between USA and Zimbabwe

Summary:

By this statutory instrument, gazetted on 5th October 2018, the Minister of Home Affairs and Cultural Heritage published the Extradition Agreement between the United States of America and Zimbabwe concluded on the 25th July 1997 [sic].

The publication is in terms of section 3(3) of the Extradition Act, which gives the agreement the force of law in Zimbabwe with effect from 5th October 2018.

Veritas Note:

This statutory instrument [SI] prompts two comments, quite apart from the obvious question [Why was the agreement only published over 21 years after it was signed in 1997?]:

1. The SI’s title “Extradition (Designated Country) (United States of America) Order, 2018” is wrong. The SI does not declare the USA to be a “designated country” under section 13 of the Act. Only a country with which we have no extradition agreement can be declared a designated country; the declaration allows extradition from Zimbabwe to a designated country,

2. The second paragraph of the SI on page 2277 states, improbably, that the exchange of instruments of ratification of the agreement was competed on the 25th July 1997, the same day it was signed (see page 2287). Has a mistake been made?